MOHAMMAD ASIF Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner has filed the present revision petition for setting aside the impugned order dtd. 15/10/2022 passed by learned Additional Sessions Judge, Faridabad whereby the application filed by the petitioner under Sec. 167(2) Code of Criminal Procedure, 1973 for grant of default bail in case FIR No.80 dtd. 3/3/2022, registered under Sec. 22(c) of the NDPS Act at Police Station Dhauj, District Faridabad, was dismissed.

(2.) Reply by way of an affidavit dtd. 20/3/2023 of Sh.Surender Sheoran, Assistant Commissioner of Police, Mujesar, Faridabad has been filed in the Court today which is taken on cord.

(3.) Learned counsel for the petitioner, inter alia, contends that the petitioner has been falsely implicated in the above-said FIR and was arrested on 3/3/2022. He further submitted that the subject matter of the alleged confiscated quantity in the present case was falling within the category of "commercial quantity" under the NDPS Act which was 420 injections of Buprenorphine IP legesic (2ml each) and therefore, the challan was required to be presented within a period of 180 days, in view of Sec. 167(2) of the Cr.P.C. read with Sec. 36-A of the NDPS Act. He further submitted that the challan in the present case was presented on 5/5/2022 but the challan was incomplete challan because it was not accompanied by the FSL report. The FSL report was submitted before the trial Court on 16/12/2022. He further submitted that after the expiry of 180 days an application for default bail was moved by the petitioner which was wrongly dismissed by learned Additional Sessions Judge, Faridabad.